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I Regular Meeting 39. Page 7 November 8, 2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE ORDINANCE THAT TEMPORARILY SUSPENDED THE PROCESSING AND ISSUANCE OF "RESTRICTED," OR "RESTAURANT," TABC SPECIFIC USE PERMITS IN THE CENTRAL BUSINESS AREA ZONING DISTRICT TO EXEMPT FROM THE SUSPENSION RESTAURANTS IN BUSINESS AT THE TIME THE ORDINANCE WAS ADOPTED; INCLUDING PROCEDURAL PROVISIONS; PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY. Mayor Narvaiz opened the public hearing and asked if anyone wished to speak. No one did, so Mayor Narvaiz closed the public hearing. Mr. Thomaides moved for adoption of the Ordinance on emergency, and Mr. Mihalkanin seconded the motion. Mr. Thomaides stated at the time the Council adopted the moratorium, there was a business that had opened and was trying to get their wine/beer license. He stated they are not able to get the license now, because of the moratorium. Mr. Thomaides asked for clarification of Section 1 of the Ordinance, regarding an existing business. Mr. Mark Taylor stated TABC permits are issued annually even if the business is temporarily closed. Mr. Bose inquired whether the business had begun the licensing process. John O'Neilly stated he is the business owner of the restaurant. He stated he had opened his restaurant on October 3, 2004, but had not begun the TABC license process. Mr. Taylor inquired to whether there is another restaurant caught in the Imiddle of the moratorium. Mayor Narvaiz stated originally Council was told there was not a business which was beginning the licensing process. After the Council adopted the moratorium, this restaurant appeared. Mr. Mihalkanin stated he has concerns with helping one business in particular. Mr. Diaz inquired whether other businesses who want a Permit could challenge this Ordinance. Mr. Mark Taylor stated he does not feels this Ordinance could be challenged with the current language written into the moratorium. On roll call the following vote was recorded: I AYE: Diaz, Mihalkanin and Thomaides. NAY: Guerrero, Narvaiz, Bose and Taylor. ABSTAIN: None. The motion for adoption of the Resolution failed. Mayor Narvaiz introduced for consideration a public hearing and adoption of a Zoning Ordinance, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY REZONING LOTS 56 AND 57 OF THE SOUTH END ADDITION LOCATED AT 602 AND 606 GEORGIA STREET FROM "M" SINGLE-FAMILY, DUPLEX AND NEIGHBORHOOD BUSINESS DISTRICT TO "R-2" SINGLE-FAMILY DWELLING DISTRICT (MEDIUM DENSITY); INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES.